Agenda item

Application 21/01213/VAC

Land between existing housing on Regency Road and the A6006 Asfordby bypass

Minutes:

Application:

21/01213/VAC

Location:

Field OS 6934 Bypass Road Asfordby

Proposal:

Vary conditions 20 'Details of Open Space' and 21 'Maintenance and management of Open Space', to remove reference to play areas attached planning permission ref.16/00539/OUT

 

(Councillor Browne left the Committee and moved into the public gallery due to his interest declared at Minute PL84.)

 

The Planning Officer (HW) addressed the Committee and provided a summary of the application and advised that there had been a written representation received after the report was finalised. This was an objection which was already supported by comments included in the report from the Parish Council. The application was recommended for approval.

 

It was noted that there was an informal open space area within the site and there had been discussions with the Parish Council as to a formal play area although the current Local Plan advised there was no policy requirement for an equipped play area as the latest evidence identified there was no deficit of in this part of the Borough for this type of facility. The Parish Council had indicated it did not wish to pursue funding for a formal play area.

 

The Planning Officer responded to Member queries as follows:

 

·       It was advised that the 2014 Melton Space Study was considered by the Planning Policy Team to be still relevant with today’s population and had been used for the assessment in this case

·       There were non-equipped play areas nearer than the required 600m from the site

·       There were improved pedestrian links and safety measure in place to reach the Jubilee ground

·       Traffic calming had been secured from the school for the development but had not yet been implemented

·       The developer was open to discussion for play equipment however the Parish Council did not wish to pursue provision of such a facility

·       The Neighbourhood Plan was at an early stage and therefore had limited weight in the consideration of this application

·       The Parish Council had not required a contribution for a play area

 

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to public speaking at Planning Committee, the Chair allowed Mark Forster to make a 3 minute presentation however however as his comments were not relevant to the specifics of the application the Chair requested that Mr Forster not continue with his representation.

 

During discussion the following points were noted:

 

·       There was concern that the play area was proposed to be withdrawn and this was permitted due to a change in legislation since the original outline application had been approved

·       Members failed to see how the removal of the condition would be helpful in the long run as the benefits for young people to be able to play outside far outweighed the developer’s saving

·       It was noted that the developer and Parish Council had liaised and the Parish Council had not asked for s106 monies to fund a play area nor were they prepared to maintain a play facility

·       It was felt that the welfare of children on the development was at stake and the nearest play area was not within safe walking distance

·       Members considered a deferral to request that the developer and Parish Council be encouraged to review the position on providing a play area

·       The Interim Assistant Director advised Members that they should focus on the relevant current policy and evidence which did not require provision of a play area and as there was no deficit in the area, Officers could not recommend that the Committee insist on its provision

·       The matter had been brought to the Committee due to it being part of a reserved matters application that had previously been considered by the Committee and following a discussion and agreement of the Chair

 

·       There was a motion for approval as set out in the report by Councillor Pritchett and seconded by Councillor Wood. On being put to the vote, the motion was lost with 3 in favour and 6 against. Councillor Smith requested that her vote against be recorded.

 

·       It was advised that a refusal would be difficult to defend at appeal as the application aligned with the Local Plan.

 

·       There was a motion by Councillor Smith to refuse on the grounds that the application was detrimental to the health and well-being of children growing up on the development and being in conflict with Local Plan Policy C9. Councillor Douglas seconded the motion. However this motion was withdrawn in favour of a deferral subsequently proposed by Councillor Smith and seconded by Councillor Douglas, to encourage further discussions between the developer and the Parish Council to provide a formal play area

·       Members were reminded that they could not enforce that play equipment be provided and it would have to be on a voluntary basis rather than a s106 agreement.

 

Councillor Smith proposed that the application be deferred to encourage further discussions between the developer and the Parish Council to provide a formal play area. Councillor Douglas seconded the motion.

 

RESOLVED

 

That the application be DEFERRED to encourage further discussions between the developer and the Parish Council to provide a formal play area.

 

(8 for, 1 abstention)

 

(Councillor Browne here re-joined the Committee.)

Supporting documents:

 

A to Z of Council Services